Man Enters Guilty Plea After A Talk By The Judge

July 13, 1985|The Morning Call

A Martins Creek man decided to participate in Northampton County's accelerated rehabilitative disposition program this week after a judge told him he would have to find him guilty of driving under the influence of alcohol.

Gerald R. Griffin, 34, had originally refused to enter a guilty plea or the ARD program, and had requested a non-jury trial before Judge Franklin Van Antwerpen on a charge of driving under the influence and summary charges.

He was charged after a Nov. 15 accident in Lower Mount Bethel Township. A blood test indicated his blood-alcohol level was .158. In Pennsylvania, a level of .10 or greater is the level that legally indicates driving under the influence.

However, Griffin, who appeared in court without a lawyer, declined to enter a guilty plea because, he said, "I don't remember nothing about the accident. I don't remember anything except leaving for work.

"I can't say whether or not I'm guilty," Griffin told the judge, "because I can't remember." He said he did not recall blood being drawn at the hospital, and he said, "I just want to make sure it was my blood."

A state police trooper also indicated that Griffin "resembled" the man he saw beingloaded into an ambulance at the scene of the accident.

Examining the hospital report that showed the .158 level, Van Antwerpen noted that it included his name and the Portland address where he was living at the time of the accident.

"On the basis of what's before me, I'd be compelled to find you guilty," the judge said. "Are you willing to admit your guilt now?"

After considering his alternatives, which on the ARD program include a two-day stay in jail as a first offender, as well as one year on probation, a six-month suspension of his driver's license, and $250 in costs, Griffin said, "From what the people said here, I guess I'm guilty. Yes sir, I'm guilty."

If Griffin successfully completes his period of probation, his record will be expunged.

Van Antwerpen accepted the plea, and in addition to the costs, prison stay and probation, ordered him to report to the state police barracks at Stockertown to be fingerprinted.